September 12, 2005

 

A regular meeting of the City Council was held on Monday, September 12, 2005, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Pro Tem Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

Drummond Black

 

MINUTES

Approval of the minutes of the August 22, 2005 regular and August 29, 2005 special meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

ZONING PETITION NO. 522 & 523

Assistant City Manager Jon Lynch presented Zoning Petition No. 522 to rezone property located at the south side of the parcel at 2810 E. Wheeler Street from Midland Township zoning to Residential A-4 and Zoning Petition No. 523 to rezone property located at the west side of the parcel at 2810 E. Wheeler Street from Residential A-1 to Residential A-4.  A public hearing on Zoning Petition No. 522 and 523 opened at 7:13 p.m.  John Rapanos spoke in favor of the rezonings.  The hearing closed at 7:14 p.m.   The following two ordinance amendments were then presented for consideration.

 

ZONING PETITION NO. 522

The following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1604

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-4 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

SEC 11 T14N R2E COM 1320 FT W & 396 FT S OF NE SEC COR, TH E 395 FT, S 120 FT, W 395 FT, N 120 FT

be, and the same is hereby changed to Residential A-4.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

ZONING PETITION NO. 523

The following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1605

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-4 ZONING WHERE A RESIDENTIAL A-1 ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

COMMENCING AT A POINT ON THE NORTH LINE 1080.27 FEET EAST OF THE NORTH ¼ CORNER OF SECTION 11, T14N R2E; THENCE CONTINUING ALONG SAID NORTH SECTION LINE 231.0 FEET TO THE EAST 1/8 CORNER OF SAID SECTION 11; THENCE SOUTH ALONG THE EAST 1/8 LINE OF SAID SECTION 11, 429.0 FEET; THENCE WEST PARALLEL TO SAID NORTH LINE OF SECTION 11, 231.0 FEET; THENCE NORTH PARALLEL TO SAID EAST 1/8 LINE, 429.0 FEET TO THE NORTH SECTION LINE AND PLACE OF BEGINNING, BEING A PART OF THE NW ¼ OF THE NE ¼ OF SECTION 11, T14N R2E AND COMMENCING AT A POINT ON THE NORTH LINE AND 964.77 FEET EAST OF THE NORTH ¼ CORNER OF SECTION 11, T14N R2E, MIDLAND TOWNSHIP, MIDLAND COUNTY, MICHIGAN; THENCE SOUTH PARALLEL TO THE EAST 1/8 LINE OF SAID SECTION 11, 429.0 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID SECTION 11, 115.5 FEET; THENCE NORTH PARALLEL TO SAID EAST 1/8 LINE 429.0 FEET TO THE NORTH LINE OF THE SECTION; THENCE WEST ALONG THE SECTION LINE 115.5 FEET TO THE PLACE OF BEGINNING.

be, and the same is hereby changed to Residential A-4.

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

CONDITIONAL USE PERMIT NO. 20

Assistant City Manager Jon Lynch introduced Conditional Use Permit No. 20, a request by Faulk & Foster to allow cellular antenna collocation on an existing tower at 1730 N. Saginaw Road.  A public hearing opened at 7:22 p.m.  Maureen VanHoven, Zoning Specialist for Faulk & Foster, spoke on behalf of the petitioners.  The public hearing closed at 7:23 p.m.   The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:

 

WHEREAS, Faulk & Foster has submitted a request for a conditional use permit review and approval to allow cellular antenna collocation on an existing tower at 1730 North Saginaw Road; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council finds the request for the conditional use permit to be in accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and hereby approves Conditional Use Permit 20, in accord with documents provided and submitted at the meeting of August 22, 2005.  (Motion ADOPTED.)

 


2005-06 BUDGET AMENDMENT

Fiscal Services Director David Keenan presented an amendment to the 2005-06 City budgets and financial working plans to provide funding for the June 30, 2005 encumbrances.  A public hearing opened at 7:33 p.m., recognizing no public comments, the hearing closed at 7:33 p.m.  The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:

 

WHEREAS, that in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing, Monday, September 12, 2005, on the proposal to amend the budgets of the General Fund, Major Street Fund, Local Street Fund, Storm Water Management Fund, Grace A. Dow Memorial Library Fund, Cable Communications Fund, Downtown Development Authority Fund, and Transportation Fund for the 2005-2006 fiscal year and to amend the financial working plans of the Landfill Fund, Washington Woods Fund, Riverside Place Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Equipment Revolving Fund, and Service Center Rental Fund, for the 2005-2006 fiscal year in order to provide funding for June 30, 2005 encumbrances; now therefore

RESOLVED, that the 2005-2006 budgets and financial working plans for the following funds be amended by increasing appropriations in the following amounts:

General Fund

City Manager                                                                                       $                 8,904

Finance                                                                                                                  8,000

City Assessor                                                                                                        7,931

City Attorney                                                                                                         65,772

Human Resources                                                                                              34,300

Police & Fire Pension                                                                                          11,640

Treasurer                                                                                                             49,000

City Hall                                                                                                                81,823

Miscellaneous                                                                                                        8,556

Police Administration                                                                                                933

Police Patrol                                                                                                         48,265

Fire Fighting                                                                                                         72,020

Fire Maintenance                                                                                                   7,810

Engineering                                                                                                          41,390

Public Works                                                                                                         1,050

Parks                                                                                                                    38,261

Recreation                                                                                                           25,492

City Forest                                                                                                           20,000

Plymouth Park Pool                                                                                           357,822

Stratford Woods Park                                                                                          10,000

Cemetery                                                                                                             12,169

Risk Management                                                                                                  4,500

Tax Appeal - MCV                                                                                                50,299

Tax Appeal – Dow Chemical                                                                             721,041

Tax Appeal – General                                                                                        348,200

Barstow Airport                                                                                                      1,807

Total General Fund                                                                             $          2,036,985

Major Street Fund

Roadway Maintenance                                                                                        25,000

Traffic Services                                                                                                      4,653

Total Major Street Fund                                                                      $               29,653

Local Street Fund

Traffic Service                                                                                     $                 6,067


Storm Water Management Fund

Sewer Repair                                                                                      $                20,000

Grace A. Dow Memorial Library Fund                                               

Operations                                                                                          $                  6,995

Cable Communications Fund

Operations                                                                                          $                  1,084

Downtown Development Authority Fund

Operations                                                                                          $                19,053

Investment in Assets                                                                                          176,972

Total Downtown Development Authority Fund                                   $              196,025

Transportation Fund

Investment in Assets                                                                          $                65,000

Landfill Fund

Cell Closure                                                                                        $              200,000

Investment in Assets                                                                                          477,469

Total Landfill Fund                                                                               $              677,469

Washington Woods Fund

Investment in Assets                                                                          $                50,000

Riverside Place Fund

Operations                                                                                          $                12,877

Wastewater Fund

Operations                                                                                          $               37,638

Investment in Assets                                                                                          286,331

Total Wastewater Fund                                                                      $              323,969

Water Fund

Operations                                                                                          $               15,323

Water Distribution – Tower Maintenance                                                           336,930

Investment in assets                                                                                       2,185,459

Total Water Fund                                                                                $           2,537,712

Data Processing Operations Fund

Operations                                                                                          $               34,627

Investment in assets                                                                                           426,198

Total Data Processing Operations Fund                                            $              460,825

Equipment Revolving Fund

Investment in assets                                                                           $              240,965

Municipal Service Center Rental Fund

Investment in assets                                                                           $                20,000

;and

RESOLVED FURTHER, the General Fund 2005-06 budget be amended by increasing Federal grant revenue by $48,265 to re-authorize the TEAM, MACP and Summer Enforcement Grant projects; and

RESOLVED FURTHER, the Washington Woods Fund 2005-06 financial working plan be amended by increasing operating transfer in revenue by $50,000 to re-authorize the transfer from the CDBG fund for the purchase of an emergency generator.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Fay Wood, 3501 Bay City Road, spoke regarding relocation of the Midland County Jail.

 

ATTENDANCE POLICY FOR MEMBERS OF BOARDS & COMMISSIONS

City Attorney James O. Branson, III presented for second reading an amendment to Section 2-43 of Article XI of Chapter 2 of the Midland Code of Ordinances to exempt the Downtown Development Authority from the attendance policy for members of boards and commissions.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1606

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 2-243 OF ARTICLE XI OF CHAPTER 2 THEREOF.

The City of Midland Ordains:

Section 1.        Sec. 2-243 is hereby amended to read as follows.

Sec. 2-243.  Regular attendance by members of boards and commissions.

            The position of a member of any board or commission established by the Charter or the Code of Ordinances of the city that meets more often than quarterly shall be considered vacant if such members shall miss four (4) consecutive, regular held meetings of the board or commission.  Notwithstanding the foregoing, the position of a member of any board or commission established by the Charter or Code of Ordinances of the city shall be considered vacant if such member shall miss more than twenty-five (25) percent of regular meetings scheduled in any fiscal year.

Exception:   The Downtown Development Authority shall be exempt from this section.

Section 2.        This ordinance shall take effect upon publication.

(Ordinance ADOPTED.)

 

SIGN ENFORCEMENT SECOND SUPPLEMENTAL STAFF REPORT

City Attorney James O. Branson, III presented a supplemental staff report regarding sign enforcement issues and a resolution that authorizes Council to allow garage, rummage, and yard sale signs off premises and in the City right-of-way under certain requirements.  Fay Wood, 3501 Bay City Road, suggested the City provide dry erase signs for people to use to advertise their sales.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, on July 25, 2005, upon the request of the City Council, the City Attorney presented a staff report regarding sign enforcement issues; and

WHEREAS, following the presentation of the staff report, the City Council directed the City Attorney to prepare a supplemental staff report with recommendations on sign enforcement; and

WHEREAS, on August 8, 2005 the City Attorney presented a supplemental staff report regarding sign enforcement issues; and 

WHEREAS, following the presentation of the staff report, the City Council directed the City Attorney to prepare a second supplemental staff report with recommendations on sign enforcement; and

WHEREAS, the City Attorney has prepared a supplemental staff report regarding sign enforcement issues; now therefore

RESOLVED, that the City Council hereby accepts the second supplemental staff report regarding sign enforcement issues.  (Motion ADOPTED.)

 

SIGNS OFF PREMISES AND IN RIGHT-OF-WAY AUTHORIZATION

The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, Section 22-2(a) of the City of Midland Code of Ordinances permits the City Council to authorize placement of signs that serve a public interest inside the public right-of-way; and

WHEREAS, the City Council has determined that signs advertising and / or directing people to locations of garage, rummage, and yard sales taking place on residentially zoned and developed property constitute a public interest; and

WHEREAS, the public interest lies in promoting recycling and reuse of goods sold at such sales, and promoting sound environmental practices by diverting goods from the City landfill; now therefore

RESOLVED, that in accord with Section 22-2(a) of the Code of Ordinances the City Council authorizes placement of signs inside the public right-of-way which advertise and / or direct people to locations of garage, rummage, and yard sales taking place on residentially zoned or developed property subject to the following requirements:

  • The maximum size of each sign shall be six (6) square feet.
  • The top of each sign shall be no more than 30” above the elevation of the crown of the roadway.
  • Each sign shall have the owner’s name and address affixed to the sign.
  • Signs in locations other than the site of the advertised activity may only be placed with the consent of the owner of the private property abutting the public right-of-way on which the sign is located.
  • Each sign placed inside the public right-of-way may not obstruct or otherwise interfere with vehicular or pedestrian traffic.
  • Each sign may be placed inside the public right-of-way from Thursday at 8:00 a.m. to Monday at 8:00 a.m.

; and

RESOLVED FURTHER, that the City staff shall submit to the City Council in September 2006 a report evaluating the placement of said signs in the public right-of-way during 2006.  (Motion ADOPTED.)

 

iPCS, INC. BANKRUPTCY SETTLEMENT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, on February 23, 2003 iPCS, Inc., et al. (“iPCS”) filed a voluntary petition in the United States Bankruptcy Court for the Northern District of Georgia for reorganization under Chapter 11; and

WHEREAS, on March 24, 2003 the City of Midland filed a proof of claim in connection with this bankruptcy action for unpaid 2003 personal property taxes, later adding the 2004 personal property taxes, for a total amount due, including interest and penalty, in the amount of $34,787.68; and 

WHEREAS, the City of Midland, along with twenty-eight (28) other Michigan municipalities,  retained the services of Foster, Swift, Collins & Smith, PC (“Foster Swift”) to represent its interests in this bankruptcy action; and

WHEREAS, through negotiations and approval by the United States Bankruptcy Court, a settlement offer has been made to satisfy the outstanding debt; and

WHEREAS, Foster Swift would like to make a counter-offer on behalf of the City of Midland; now therefore

RESOLVED, that the City Attorney is hereby authorized to enter into settlement negotiations and to execute settlement documents with iPCS for the settlement of the outstanding 2003 and 2004 personal property taxes in the minimum amount of $19,107.59.  (Motion ADOPTED.)

 

KMART BANKRUPTCY SETTLEMENT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, on January 22, 2002 the Kmart (“Kmart”) Corporation filed a voluntary petition in the United States Bankruptcy Court for the Northern District of Illinois for reorganization under Chapter 11; and

WHEREAS, on March 18, 2002 the City of Midland filed a proof of claim in connection with this bankruptcy action for unpaid real and personal property taxes and outstanding water bills in a total amount of $101,831.92; and  

WHEREAS, since that filing Kmart has paid the outstanding real property taxes and has agreed to pay their outstanding water bills, leaving a current balance on the 2001 and 2002 personal property taxes, including interest and penalty, in the amount of $36,280.56; and

WHEREAS, through negotiations and approval by the United States Bankruptcy Court, a settlement has been reached to satisfy the outstanding debt in the amount of $20,952.93; now therefore

RESOLVED, that the City Attorney is hereby authorized to enter into and execute an agreement between the Kmart Corporation and the City of Midland for the settlement of the outstanding 2001 and 2002 personal property taxes in the amount of $20,952.93.  (Motion ADOPTED.)

 

SOCIO-ECONOMIC DATA – REGIONAL TRAVEL DEMAND MODEL

Assistant City Manager Jon Lynch introduced Don Mayle, Transportation Planner for the Michigan Department of Transportation (MDOT), who made a presentation on socio-economic data for the City of Midland and its use in Regional Travel Demand Models created by MDOT for communities throughout Michigan.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the Michigan Department of Transportation (MDOT) is currently working on developing a regional travel demand model that will include Midland, Bay and Saginaw Counties; and

WHEREAS, MDOT has been working with city staff to create and review the inputs for Midland’s portion of the model; and

WHEREAS, the Planning Commission has submitted its recommendation of approval to accept the data; now therefore

RESOLVED, that the City Council approves the socio-economic data submitted for the City of Midland for use in the regional travel demand model.  (Motion ADOPTED.)

 

LOGAN’S ROADHOUSE LIQUOR LICENSE

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the request from LOGAN’S ROADHOUSE, INC. (A TENNESSEE CORPORATION) to transfer location (governmental unit) of 2005 12 Months Resort Class C licensed business, issued under MCL 436.1531 (2) , from 4425 Canal, Grandville Marketplace, Grandville MI 49418, Kent County to 7135 Eastman, Midland MI  48640, Midland County be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

WATER SERVICE AGREEMENTS (LARKIN & MILLS)

Assistant City Manager Jack Duso presented reports on Water Service Agreements for Larkin and Mills Townships.  The following two resolutions were then presented for consideration.

 

LARKIN TWP WATER SERVICE AGMT

The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the Water Service Agreement between the City of Midland and Larkin Township is hereby approved and the Mayor and City Clerk are authorized to execute the same.  (Motion ADOPTED.)

 

MILLS TWP WATER SERVICE AGMT

The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the Water Service Agreement between the City of Midland and Mills Township is hereby approved and the Mayor and City Clerk are authorized to execute the same. (Motion ADOPTED.)

 

SAG/MID MUNICIPAL WATER SUPPLY CORP – ANNUAL STATEMENTS & REPORT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation Annual Financial Statements and Auditor’s Report dated June 30, 2005, with comparative figures for June 30, 2004, be received and filed in the office of the City Clerk.  (Motion ADOPTED.)

 

NORTHWOOD UNIVERSITY INTERNATIONAL AUTO SHOW

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the request from the Northwood University International Auto Show organizer to close Northwood Drive during the auto show and to use the public right of way to display directional signage, is hereby approved subject to the following conditions:

  • John Wegner of the Building Department must be contacted at 837-3390 to ensure that placement of the directional sign does not obstruct the vision of pedestrians and motorists.
  • The sign must be removed at the conclusion of the event.
  • The Engineering Department will issue a Traffic Control Order for the street closure.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

CONTRACTED LEGAL SERVICES – DOW CHEMICAL TAX APPEALS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004 and certain 2005 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the law firm of Miller, Canfield, Paddock & Stone has been utilized in assisting the City of Midland in its defense of said appeals; and

WHEREAS, on October 25, 2004, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $7,500,000; and

WHEREAS, the cost of continuing said legal services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2005-2006 Legal Fees budgets of The Dow Chemical Company Tax Appeal activity; now therefore

RESOLVED, that said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that payment to the law firm of Miller, Canfield, Paddock & Stone for its legal assistance in connection with the aforementioned appeals is hereby authorized in a total amount not to exceed $8,400,000.  (Motion ADOPTED.)

 

CIVIC ARENA CHANGE ORDER #9

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that Change Order #9 in the amount of $13,156.10 is hereby approved, amending the contract with Three Rivers Corporation for the Civic Arena project which was approved on August 9, 2004; and

RESOLVED FURTHER, that the Director of Public Services is hereby authorized and directed to execute the change order on behalf of the City of Midland.  (Motion ADOPTED.)

 

POLICE CAR – FORD MUSTANG

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, bids for police patrol cars are solicited by the State of Michigan and the City of Midland is authorized to make purchases from the state purchasing program; and

WHEREAS, sufficient funding for the purchase of an unmarked police patrol car is included in the 2005-06 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Gorno Ford of Woodhaven, Michigan in the amount of $24,995.00 for the purchase of one 2005 Ford Mustang GT with the police lighting package, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

SNOW PLOW TRUCK & DUMP TRUCK

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Dump Trucks, Bid No. 2890; and

WHEREAS, sufficient funding for the purchase of the dump trucks is included in the 2005-06 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Wieland Sales of Bay City, Michigan in the amount of $145,578.51, including trade-in of city equipment numbers 3-33 and 3-65, for the purchase of one snow plow truck and one grain body dump truck in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

PLYMOUTH PARK POOL REMODEL PROJECT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the Plymouth Park Pool Remodel, Bid No. 2874; and

WHEREAS, funding for the project has been included in the fiscal year 2005-2006 budget for Capital Outlay in the pool account; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to sign a contract with Three Rivers Construction in the amount of $664,890.00; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders in the project up to a total of $20,000.  (Motion ADOPTED.)

 

COMPACTOR WHEEL CAP REPLACEMENT - LANDFILL

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland Landfill utilizes a large compactor to chop and compress refuse into the smallest possible space to extend the life of the landfill, and is accomplished by utilizing two compactors, a Bomag 771RB (80,00 lbs) and a Bomag 1172RB (120,000 lbs.); and

WHEREAS, to compress the refuse, the compactors utilize solid steel wheels with metal teeth, or caps that lose compaction effectiveness as the teeth wear; and

WHEREAS, the replacement cap set design for the Bomag 771RB is a patented, sole source product that can be provided and installed by the regional distributor, Midland Engine, Inc. at a cost of $32,130.00 for 220 sets; and

WHEREAS, sufficient funds are available in Landfill Fund capital account #517-9120-912.97-30 – Capital Equipment; now therefore

RESOLVED, that in accord with Code Section 2-18, the requirement for sealed competitive proposals is hereby waived as impractical, and a purchase order is authorized to Midland Engine, Inc. in the amount of $32,130.00 for supply and installation of replacement wheel cap sets for the Bomag 771RB compactor; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to said purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

NEW BUSINESS - VOTING DELEGATES FOR MML ANNUAL MEETING

City Manager Karl Tomion reviewed information on the appointments of Council Members as delegates to the Michigan Municipal League’s annual meeting.  The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that Bruce A. Johnson, Mayor Pro Tem, is designated as a voting delegate and Joseph M. Rokosz, Councilman, is designated as an alternate voting delegate from the City of Midland to the September 21, 2005, business session of the Annual Business Meeting of the Michigan Municipal League.  (Motion ADOPTED.)

 

CLOSED SESSION

The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:

 

RESOLVED, that in accord with Sections 8(d), and 8(e) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to consider the purchase of real property, and to consult with the City Attorney on pending litigation.  (Motion ADOTPED BY A ROLL CALL VOTE.)

 

Being no further business the meeting adjourned to a closed session at 9:24 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk